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Zoning violations

JW
Joe Weaver
Fri, Apr 29, 2022 7:13 PM

Property owner is violating zoning regulations re road surface, dust control, lighting, etc.  Ordinance provides that violations shall be deemed a misdemeanor punishable by fine.  Each day a violation is permitted to exist shall constitute a separate offense.

Other than a fine, what other action can the Town take to enforce the zoning requirements?  Can the Town bring legal action to shut down the business until the business complies with the zoning requirements?

Also, ordinances provide that the Zoning Administrator shall enforce the zoning ordinances.  Small Town does not have a separate position dedicated to a Zoning Administrator.  Any specific requirements for a Zoning Administrator or can the Town appoint a current employee, including police officer, to serve as the Zoning Administrator?

Any thoughts or direction will be appreciated.

Thanks,
Joe Weaver


Joe Weaver
Attorney At Law
405.262.4040
405.262.4058 fax
joe@basslaw.netmailto:agbass@basslaw.net

[cid:image001.png@01D85BD1.8F4584E0]
www.basslaw.net
104 N. Rock Island Ave.
P.O. Box 157
El Reno, OK 73036

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Property owner is violating zoning regulations re road surface, dust control, lighting, etc. Ordinance provides that violations shall be deemed a misdemeanor punishable by fine. Each day a violation is permitted to exist shall constitute a separate offense. Other than a fine, what other action can the Town take to enforce the zoning requirements? Can the Town bring legal action to shut down the business until the business complies with the zoning requirements? Also, ordinances provide that the Zoning Administrator shall enforce the zoning ordinances. Small Town does not have a separate position dedicated to a Zoning Administrator. Any specific requirements for a Zoning Administrator or can the Town appoint a current employee, including police officer, to serve as the Zoning Administrator? Any thoughts or direction will be appreciated. Thanks, Joe Weaver -------------------------------- Joe Weaver Attorney At Law 405.262.4040 405.262.4058 fax joe@basslaw.net<mailto:agbass@basslaw.net> [cid:image001.png@01D85BD1.8F4584E0] www.basslaw.net 104 N. Rock Island Ave. P.O. Box 157 El Reno, OK 73036 NOTICE: The information contained in this transmission is or may be protected by the attorney-client and/or the attorney work product privilege and is confidential. It is intended only for the use of the individual or entity identified above. If the reader of this message is not the intended recipient you are hereby notified that any dissemination or distribution of the accompanying communication is prohibited. No applicable privilege is waived by the party sending this communication. If you have received this communication in error, please notify us immediately by reply and delete the original message from your system. Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.